Remote Sensing Space Systems Act

An Act governing the operation of remote sensing space systems

This bill is from the 38th Parliament, 1st session, which ended in November 2005.

Sponsor

Pierre Pettigrew  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment regulates remote sensing space systems to ensure that their operation is neither injurious to national security, to the defence of Canada, to the safety of Canadian Forces or to Canada’s conduct of international relations nor inconsistent with Canada’s international obligations.
In order to accomplish this, the enactment establishes a licensing regime for remote sensing space systems and provides for restrictions on the distribution of data gathered by means of them. In addition, the enactment gives special powers to the Government of Canada concerning priority access to remote sensing services and the interruption of such services.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-25s:

C-25 (2022) Law Appropriation Act No. 3, 2022-23
C-25 (2021) An Act to amend the Federal-Provincial Fiscal Arrangements Act, to authorize certain payments to be made out of the Consolidated Revenue Fund and to amend another Act
C-25 (2016) Law An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act, and the Competition Act
C-25 (2014) Law Qalipu Mi'kmaq First Nation Act

Remote Sensing Space Systems ActGovernment Orders

September 30th, 2005 / 1:10 p.m.


See context

Liberal

Wajid Khan Liberal Mississauga—Streetsville, ON

Mr. Speaker, I am honoured to rise today in support of Bill C-25.

Support for Bill C-25 has been expressed in terms of different ministerial mandates. In lending support for the bill, I will primarily focus on how it promotes the foreign policy interests of the Government of Canada. I will conclude with some thoughts on why this bill is good for Canadians, good for Canada and good for our international relations.

Before I do that, let me explain how it came to pass that the Minister of Foreign Affairs became the administrator of this bill. This will link the benefits of Canada's foreign policy with the reasoning behind certain provisions of the bill.

Outer space is a domain that borders every nation. Look up from anywhere on earth and outer space is only 200 kilometres or so above our heads. That is approximately the distance between Ottawa and Montreal. Activities that occur in outer space, for good or ill, affect all nations.

It was not long after Sputnik was launched in 1957 that the international community turned its attention to outer space. United Nations resolutions soon began to express the determination that outer space would be used only for peaceful purposes. Certainly military uses of space are consistent with these principles, but not all of them.

Eventually this diplomatic activity culminated in the adoption of the 1967 outer space treaty. The outer space treaty enshrined the international responsibility of states for the activities of their nationals in outer space. States also agreed to ban weapons of mass destruction from this sphere. Canada was an original signatory to that treaty, the Magna Carta for outer space, based on the conviction that winning battles through law was superior to winning by force.

This is the approach taken in the remote sensing space systems act before us today. Reflecting its international obligations, Canada would license remote sensing space systems controlled from within Canada. We would also license the activities of Canadians and corporations in the field, no matter where they chose to establish operations.

This last requirement to cover the activity of Canadians abroad is not unusual in outer space matters, since remote sensing satellites can be operated from any place in the world. The Outer Space Act 1986 of the United Kingdom and the Land Remote Sensing Policy Act of 1992 of the United States impose licensing requirements on U.K. and U.S. citizens respectively, even when they may conduct operations from sites in other legal jurisdictions.

These requirements may, however, result in a multiplicity of states asserting jurisdiction over the same activities by the same person. To resolve such competing claims of jurisdiction requires the coordination of the foreign ministries of space-faring nations and may ultimately result in the need for formal arrangements among them. This is the responsibility of the Minister of Foreign Affairs.

The proposed remote sensing space systems act that is before us today asserts a broad jurisdiction. It also, however, grants the Minister of Foreign Affairs the power to resolve competing claims of jurisdiction by a ministerial order of exemption.

Under the act, the Minister of Foreign Affairs could exempt persons, systems or data if he or she was satisfied with such a step. The exemption must not be injurious to national security, to the defence of Canada, to the safety of Canadian Forces or to Canada's conduct of international relations. It must not be inconsistent with Canada's international obligations. As well, adequate provision must be made for the protection of the environment, public health, and the safety of persons and property as well as the interests of provinces.

To ensure that Canada maintains jurisdiction over any remote sensing satellite that it has licensed, the proposed act requires that the licensee maintain direct control of the satellite from within Canada. This ensures that the government has the ability to guarantee compliance with the provisions of the licence by keeping satellite command operations within its territorial jurisdiction.

At the same time, a licence would be required for all remote sensing satellites controlled from Canada, regardless of domestic or foreign ownership, and a licensee or former licensee may not transfer control of the licensed satellite without the approval of the minister. This provision ensures that sensitive technology embodied in a remote sensing satellite, once in orbit, cannot be transferred to a foreign person at odds with Canada's security, defence and foreign policy interests. In that regard, the act before this House would be comparable to Canada's Export and Import Permits Act.

By this approach, the bill reflects a favourable attitude toward foreign investment in Canada's high technology industry as long as our security interests are protected. That in turn means jobs for Canadians and opportunities for our own businesses.

The Minister of Foreign Affairs is well positioned to help Canadians compete, prosper and make a success of the most international of all activities: outer space. The minister's mandate combines an international security responsibility on the one hand and the responsibility to promote the national prosperity of Canadians on the other.

During the debate on Bill C-25, we heard about the defence interests in regulating remote sensing space systems in Canada. We were also informed about the socio-economic benefits of regulation of the Canadian remote sensing space industry.

Let me assure my colleagues that under the proposed act it would be an important part of the Minister of Foreign Affairs' job to weigh the risks and the benefits of granting a licence, and under what conditions, with the goal of striking a right balance: to encourage Canada's technological development and economic prosperity while at the same time safeguarding our security through smart regulations.

Certain states have implemented similar legislation to regulate remote sensing systems. We propose to join the vanguard of that cause. Other nations will also be following us. With foresight, we lead others to a world view that supports the peaceful use of outer space and all its aspects, a world view that establishes the rule of law and justice on the new high frontier, a world view that permits all nations to enjoy equitably the benefits of the peaceful use of outer space, benefits for international peace and security and benefits for economic development and prosperity.

The bill is also important in terms of our relationship with the United States. Canada's decision to control its own remote sensing satellites, announced in June of 1999, enabled Canada and the U.S. to come to a common understanding concerning the operation of commercial remote sensing satellites, an understanding codified in a treaty signed in June 2000. This treaty aims to ensure that commercial remote sensing satellite systems will be controlled in each country so as to protect shared national security and foreign policy interests, while simultaneously promoting the commercial benefits to be derived from these systems.

Today we can conclude a process to honour the commitments made under that very treaty. I urge my colleagues to pass this bill at the earliest opportunity so that Canada's deeds are shown to be as good as its words.

Before closing, I want to touch on one or two additional aspects of the bill that relate directly to the Minister of Foreign Affairs' mandate. Let me begin with the minister's powers to interrupt normal commercial service.

No one wants to cause their friends and allies harm by act or omission, hence the provision in the act granting the Minister of Foreign Affairs the power to interrupt normal service, to invoke “shutter control” on a Canadian satellite to assist another state. Shutter control is a power designed for use primarily to protect our own national interests under the most serious of circumstances, but it is also an important element in protecting both valuable alliances and shared interests.

The case is similar with respect to granting the Minister of Foreign Affairs the power to order priority access service in the interests of conducting Canada's international relations. In this regard, we can, for example, foresee the need to assist another state or the United Nations urgently in dealing with a humanitarian emergency. By way of example, it is worth remembering the benefits of Canadian RADARSAT-1 technology in supporting Canada's foreign policy interests during the Rwandan crisis and in responding to the recent tsunami tragedy in South Asia.

Let me conclude by reiterating the core rationale for the bill. The House should adopt the remote sensing space systems act because it is better to provide a smart regulatory framework for these remote sensing satellite systems than to risk injury to Canada's national security, national defence or foreign policy.

We should pass this bill to fulfill Canada's international obligations to regulate the outer space activities of its nationals.

We should pass this bill to ensure that Canadian companies can lead in the provision of remote sensing space technology and services through the establishment of a clear regulatory framework that can attract investment, technology and markets.

Remote Sensing Space Systems ActGovernment Orders

September 30th, 2005 / 1:10 p.m.


See context

Conservative

Leon Benoit Conservative Vegreville—Wainwright, AB

Mr. Speaker, the hon. member has made two important points.

One is that any party which intends to oppose Bill C-25 in the end should consider seriously some of the implications of what it can do to help our environment and the military. That is certainly critical. On the other hand, if any political party in the House or any individual in the House sees flaws in the legislation, they should not allow the legislation to be rushed through the House as it is simply because it is something that is good for the country. Each one of us has a responsibility to make any change we feel is necessary to make it a better piece of legislation.

Right now the New Democratic Party is opposing the bill. The NDP members have some serious questions. They also have some questions that I am not sure are that serious. On the other hand, the government has allowed the NDP to prop up the Liberal government for almost a year. Anything negative the member would say about the New Democratic Party, he should be aware that is the party that has propped up the government day after day, week after week. I say the shame is on the government, on the member and his party, if they continue to allow that to happen.

In the military area there is no end to the possibilities. It will be useful. However, I do not want to give the impression that this legislation is primarily to deal with military activities. It is to deal with security, but certainly security also includes natural disasters and those types of thing.

It is interesting that the member asked about the defence possibilities. His government has failed our military. The government has failed this country when it comes to providing security through the military for the 12 years the Liberals have been in office. That is clear. For the member to stand up and say to support this bill because of what it will do for the military is somewhat contradictory.

Remote Sensing Space Systems ActGovernment Orders

September 30th, 2005 / 1:05 p.m.


See context

Esquimalt—Juan de Fuca B.C.

Liberal

Keith Martin LiberalParliamentary Secretary to the Minister of National Defence

Mr. Speaker, I listened with great interest to the member's statement. He is the former defence critic for the opposition and an individual who, as he said, is very aware of the issues surrounding Bill C-25.

It is important to reiterate some of the important points that were touched on by the previous speaker. Not only is this bill important from a security aspect, which I will get to in a moment, but it is also extremely important from an environmental aspect.

Global warming is taking place. We have heard of the contraction of the ice cap in the north and what effect that is going to have. We know about the different changes that are occurring with respect to our waterways, the changing weather patterns that are occurring and the effect on the ground. Vegetation is changing. Vegetation mapping is important from a scientific perspective and an environmental perspective, but it is also exceedingly important to the member's province of Alberta and my province of British Columbia. Understanding the changing environment on the ground with respect to the forest cover is exceptionally important from environmental and economic perspectives.

I also want to touch on an important issue that I know is close to the member's heart, as it is for me and the government. That is the issue of defence. To those who would criticize Bill C-25, I say watch out. This bill is extremely important for our troops, for their protection and their ability to do their work within Canada and abroad. Bill C-25 and the RADARSATs are extremely important for us to enable them to do their work and also to protect them.

I would ask those who would oppose this bill to think about whether it is rational at all to deprive our armed forces, our men and women on the ground who are doing a yeoman's job abroad, of this information and capability. We must have it for their protection and their service to our nation. It is a rhetorical question which deserves but one answer, and that is yes. This bill is important for their security and the work that they do for our country and Canadians here and abroad.

Given the hon. member's experience as the previous defence critic for his party, could he expand upon where this RADARSAT technology may wish to go in the future for our armed forces?

Remote Sensing Space Systems ActGovernment Orders

September 30th, 2005 / 12:55 p.m.


See context

Conservative

Leon Benoit Conservative Vegreville—Wainwright, AB

Mr. Speaker, I am very pleased to speak to Bill C-25 today regarding remote sensing of space systems.

Three or four years ago, when I was our party's defence critic, I was fortunate enough to visit the RADARSAT facility here in Ottawa. When I went into that facility I knew very little about what this was all about but by the time I left I was terribly impressed. The whole operation of RADARSAT-1 is something for which Canadians can be proud.

It was apparently initiated back in about 1980 I believe when Canada had been using a similar type of radar based American satellite and that satellite failed after only a few days in space. Therefore Canada was looking at what to do in terms of replacing the needs of that time. The government decided to develop its own program and develop its own radar based satellite and RADARSAT-1 was the result of that.

When I visited that facility I was terribly impressed by some of the capability. Most of the capability has to do with areas like the environment and issues like a natural disaster of some kind. I was really impressed when it was explained to me how RADARSAT-1 was actually used to monitor oil spills on the ocean anywhere on earth. If there was an oil spill this satellite could actually monitor the spreading of the oil or other substances on the water.

I do not think anyone could argue the importance of having that RADARSAT-1 capability.

What the legislation would do is determine an appropriate role for government in monitoring satellites like that. RADARSAT-2 is about to be launched over the next few years. I think the need for legislation was partially spawned by that but I also think it was partly because the government recognized that there are times when it has to monitor and regulate the information gathered by equipment like RADARSAT-1, and 2 in the future, in order to be allowed to use information collected for the benefit of national security.

That is really the purpose of the bill. It would allow the Minister of Foreign Affairs to license commercial development of remote sensing satellite systems and regulate the distribution of information produced by these systems.

The bill does have national security implications but it also has important implications in dealing with the environment, natural resources and possibly military use as well.

This is one of those pieces of legislation that comes before the House that does not seem like particularly important legislation and there is a temptation to kind of rush it through the House. The bill has been examined in committee already and many concerns were raised by all parties regarding what was in the bill and some changes were made.

Our party will support the bill but we have some concerns about it and we will be looking for some clarification, particularly in terms of definitions of just what types of satellite systems the government may control. In this case that control is appropriate, as I have stated before, but I think it has to be clearly defined under what situations and in what way a government can take over the use of that system and restrict the agencies from using that information in a way that may harm our country and may harm national security.

This legislation might not sound that important, but I believe it is important and does deserve proper scrutiny. We will continue to do that throughout the process in the House.

Bill C-25 allows Canadian companies to own and operate remote sensing satellite systems under licence from the government. It provides government with priority access if government deems it must interrupt the normal use of the system. Just for clarification, it is not the case that the government will actually be running the system. It is not the case that the regulation will involve the everyday use of the system, so much as allowing, when needed, for government to step in and use the information as required and also for it to limit the use of the information by the private sector or by the agency.

Again it is a situation where it is hard to define clearly which situations would require government to intervene, but it is important that we do the best job we can. The committee has attempted to do that. There is some work to be done and we will certainly continue to try to ensure that the bill is in a form that we can support before we support it at third reading, but we will support it at this time.

When we look at its potential use and how RADARSAT-1 has been used, it is not just about RADARSAT-1 or RADARSAT-2; it could certainly be future satellites that we may not know anything about. If we look at the potential use of these types of systems, we do not want to do anything to discourage the private sector or an agency to become involved and to develop. It is to everyone's benefit in this country that it is developed and that the use is expanded in the future.

Other than the oil spill and the environmental type of situation which I mentioned, we could all imagine the great importance of having a system like this available in the case of a natural disaster, such as a flood or an earthquake. Often in an earthquake, communications systems are closed down. Roads and railways and other access routes are shut down. To have this monitoring ability is extremely important. The use of this type of system is clearly of importance, so we do not want government to get involved in a way that will discourage the private sector from continuing to develop future satellite systems.

As the bill passes through the House, we have to ensure that it will not discourage, but that it will encourage the private sector and the government agencies involved to do their work and develop even better systems in the future.

I will leave my comments at that. I look forward to hearing the debate today. Certainly I look forward to the final form of the legislation when it has passed through the House. It may not be perceived as a particularly important bill, but I believe it is important that Parliament does its job on the bill.

Remote Sensing Space Systems ActGovernment Orders

September 30th, 2005 / 12:45 p.m.


See context

Conservative

Gordon O'Connor Conservative Carleton—Lanark, ON

Mr. Speaker, I will be sharing my time with my colleague from Vegreville—Wainwright.

I am pleased to speak to Bill C-25. The bill is intended to implement the commitment of Canada made under the Canada-U.S. agreement concerning the operation of commercial remote sensing satellite systems in June of 2000. The purpose of that agreement was to ensure that private remote sensing satellite systems would be controlled in each territory, that is, Canada and the United States, in such a manner as to protect shared national security interests without interfering in the commercial benefits to be derived from these systems.

From my point of view, the most important portion of remote sensing is the ability to use the system to secure our borders and remain autonomous in our defence decision making. Security in the form of border control is a useful example of the system's advancement. Whether it is curious activity taking place at a particular port or unusual movement or normally unused coastlines, this satellite technology will make us aware.

As we know, the bill has been through the committee stage under intense scrutiny and the private-public partnership that will be used to run the system was addressed. We feel assured that the private sector investment in technology will be beneficial to keeping Canadian satellite technology development progressing steadily, with no need to invest in technology elsewhere.

The images taken by the satellites serve a plethora of purposes. There cannot be one particular environmental field in Canada that would be disappointed with RADARSAT-2's ability now to give them the most advanced information possible to track environmental information. Forest fires, flooding, any type of environmental degradation can be located with this new technology. It is able to produce the most elaborate maps of the earth's surface which will serve other numerous purposes, like irrigation planning and identifying arable land, et cetera.

The accuracy of RADARSAT-2 is truly remarkable in identifying objects on or near the earth's surface. From the movement of people to blemishes on agricultural goods, this sensing system is the epitome of detail.

All principal emphasis in the legislation seems to agree with relevant Conservative Party policies, notably those which uphold the commitment to encourage the private sectors and those which underline the primary responsibility of government to provide for national security. It is intended to provide the Government of Canada with authority to regulate remote sensing space systems and to protect national interests in matters of defence and security. It is seen as an essential prerequisite to further acts of co-operation between government and private firms which intend to operate in these fields.

The present legislation appears to provide an opportunity to secure the proper role for a sovereign Canada in regulating the most advanced systems gathering information from space. The Conservative Party's interest in this matter of securing a proper place for the private sector in scientific and industrial activity leads it to support the legislation, as does its commitment to the defence of the nation, the hemisphere from military threats from abroad and from terrorist activities conceived at home and abroad. Thus, it will support the legislation.

Remote Sensing Space Systems ActGovernment Orders

September 30th, 2005 / 12:45 p.m.


See context

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I found the comments of the parliamentary secretary to be incredibly patronizing. This is not some sort of philosophical debate. The bill exists. This is something concrete. This is about sharp differences between what we saw as a need for amendments to the legislation and that did happen.

The question of needing the bill is not an issue. It is the reality that the bill does not give the kind of protection raised in committee and was warranted. I find it very trivializing for him to pass it off as somehow being a philosophical debate.

If the government chooses not to look at those amendments and adopt them, then so be it. If the government wants our support on Bill C-25, then let it come forward and discuss those amendments. We would be happy to do that. If they were approved, then we would be happy to support the bill.

Remote Sensing Space Systems ActGovernment Orders

September 30th, 2005 / 12:45 p.m.


See context

Liberal

Dan McTeague Liberal Pickering—Scarborough East, ON

Mr. Speaker, I do not want to belabour the point for the hon. member as I know she has put a lot of time into this. However, it is always beneficial to have a member of Parliament sitting on the committee to know exactly what has happened. I understand the philosophy and the importance of what is being provided here.

There appears to be several amendments that her party proposed at committee which were accepted and were not in essence redundant. I am looking at dozens that were supplied by her party. Some are extremely important to address the concerns of the NDP and to express the concerns that might have some relationship to what we were trying to accomplish here. As much as the government and the opposition have been flexible in this regard, there comes a point where philosophy obscures one's vision of the facts.

I do not blame the hon. member because she never sat on the committee. Perhaps she was there for only a moment or two. She is relying on the good work done by the hon. member for Halifax for whom I have great respect and who has done a lot of work on this issue.

As much as I understand the correspondence between herself and the member who sat on the committee, something has become lost. Not withstanding the objections, in my view there was an emergence on the committee of general consensus that this was not the great satellite detection system that would be used for military purposes in terms of the ballistic missile defence.

Surely the hon. member and her party are not saying now that they are opposing the bill because it could have positive implications for our troops around the world and for people who find themselves in positions of disaster. Surely the NDP is not saying that Bill C-25 should not pass and allow the kind of technology that helps Canadians abroad.

I want to hear it from the NDP. Are those members opposing the legislation because they have some philosophical differences or are they opposing it because they have some kind of reticence to protecting Canadians abroad?

Remote Sensing Space Systems ActGovernment Orders

September 30th, 2005 / 12:20 p.m.


See context

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I am pleased to have the opportunity to rise in the House today to speak on Bill C-25, the act governing the operation of remote sensing space systems.

Now that we are at third reading of the bill and in the final stages, I want to say at the outset that when we were debating the bill in principle at second reading, the NDP and our critic in this area, the member for Halifax, were actually of two minds about the bill. We were very aware of the critical need for legislation outlining protection for Canadian interests and the privacy of Canadians, and for proper controls and regulations when it comes to satellites, the information used and how it is governed.

While we were very aware of the underlying need for this legislation, when we looked at the bill we became very concerned about the vagueness of the language in the bill. It really began to raise some alarm bells for us in the NDP in terms of exactly how the bill would be implemented and whether or not the public interest would be upheld.

I know that the member for Halifax, our critic, worked very diligently at the committee level. When the bill was referred to committee, she worked very diligently with NGOs and with community representatives who were very concerned about the bill and who in fact brought forward something like 18 solid amendments which would have provided the kind of clarification, accountability and transparency for this bill that would have allowed us in the NDP, had the amendments been approved, to then support the bill.

Unfortunately, that did not happen. Those amendments were not approved. Here we are at third reading, and although we agree with the underlying intent and principle of the bill, we have serious reservations that the bill does not go far enough. It does not do the job in protecting the interests of Canadians and ensuring that there is adequate public oversight of what happens with RADARSAT-2. I will just spend a few minutes detailing what some of those concerns are.

First of all, let us be very clear that it is Canadian taxpayers who have funded a major portion of the development of this satellite. About 75% of the development funds have come from the public purse. That is about $450 million. On a financial basis alone, after what has been invested in this program, we should have a huge concern about what is going on.

The reality is that this satellite, RADARSAT-2, will be 100% commercially owned. It seriously raises the question as to why, as my colleague from the Bloc raised earlier, the Canadian Space Agency, for example, does not have some control and oversight of the development of this satellite and all that it will entail.

Why is it that the Canadian government appears to be moving away from its controlling interest and oversight of this? We will end up with a 100% commercially owned entity where the only connection and accountability will be as a result of this bill, which, as I have said, is very inadequate.

We agree that Canadians must be assured that the information collected by RADARSAT-2, the satellite, will not be used against our national interest and will not violate in any way the privacy of Canadians. In fact, one of the amendments that we sought in committee was to entrench the privacy rights of Canadians, to ensure those rights in view of the imagery collected by this incredibly powerful, highly advanced, state of the art technology. That is what we are told about it by its manufacturer, MacDonald Dettwiler and Associates.

We wanted an ironclad agreement that the privacy of Canadians from images and information resulting from this technology would be protected. We know that the images created can come up to within one and a half metres of an individual, an activity or a location. I think people have a really deep concern about that.

We live in an era where data collection is massive. We live in an era where increasing privatization, which has been encouraged and supported by the federal government, infringes upon the rights of Canadians and their protection of privacy. We have to recognize that there is a very deep concern from Canadians about this issue.

One only has to remember, for example, the outcry from Canadians when they learned that Statistics Canada was thinking of handing over our census collection to Lockheed Martin, the largest ammunitions and militarized corporation in the world. When people found out that our census and Canadian data about Canadians, about us individually, was about to be handed over to Lockheed Martin, there was a huge outcry in this country. We were the ones who raised it in Parliament and the federal government had to back away from that because it realized that it had gone down a road where there was a massive backlash.

One only has to remember what is going on in British Columbia, where the Liberal provincial government is working to allow medical records to also be handled by a U.S. corporation. There are huge concerns about the loss of privacy and the lack of adequate oversight and control around the handling of that data.

I mention these two examples because they are very pertinent to this debate today. Here we have RADARSAT-2, a state of the art technology, featuring the most advanced commercially available radar imagery in the world, to be developed by next year, massive Canadian funds that have been invested in it, yet what hangs on a shred is this bill and the protection of not only individual privacy and rights of Canadians but also national interests.

One of our major concerns about this bill is that it does not include the kind of protection that we would like to see, that we sought in committee, in order to have the protection of privacy of Canadians.

Another serious concern that we have about this bill is that the language that is contained within it now is very vague and unaccountable in terms like international obligations and international relations. Again at committee, we tried to further define this and to get much better assurances from the government to ensure that where there is a conflict, where a conflict may arise in terms of information that is collected by RADARSAT-2, it will in no way violate or impact on Canadian interests or national security.

We have heard from the parliamentary secretary today that of course, there is no question, he is entirely convinced, as his government is, that this bill will adequately protect those interests. However, I must say that from the witnesses who were heard at committee there was a great deal of skepticism. There was a great deal of concern that there were not adequate protections to ensure that information affecting our international obligations or international relations would be protected.

For example, Canada is a part of NATO. NATO makes decisions about engaging in military actions. It may be a military action that involves NATO going to war. It may be a decision that Canada does not agree with, but it leaves us with a scenario where information that has been collected could be used by other agencies and interests that would place in conflict Canada's policies and international relations.

This is an area of great concern to us as well as the language that is within the bill right now. Basically, it is left to the sole discretion of ministers to decide whether or not there is a conflict with international obligations and national interests. We believe that this is something that should firmly rest with Canada. These are big questions and they were canvassed by the committee. They were on the table in committee where there was a lot of discussion.

We heard from Bloc members who had similar concerns. Yet the government chose not to further elaborate and provide protections in the bill to ensure that privacy and Canada's interests are protected.

We are concerned that the bill will now be approved. In fact, the parliamentary secretary earlier in the debate today made reference to a special in camera meeting that was held supposedly to assure members of the committee that the protections that they sought would be there. I was not there. I am not on the committee, but I know from our critic, the member for Halifax, that the meeting did take place.

However, in actual fact what transpired from that was an even greater concern that there may be other agreements between the satellite company and the federal government that were not even acknowledged. That is a very real concern.

This information was not fully disclosed at the in camera committee. We are very concerned that there may be other confidential agreements that exist. We do not know the terms of those agreements. We do not know how it impacts on information that may be divulged to other parties.

Yes, frankly speaking, there is a concern that information that is collected by this technology and this commercially owned operation can be used by other governments, for example, the U.S. for military purposes. It may be contrary to a decision that Canada has taken, for example, our non-participation in the war in Iraq. We know that it happened with RADARSAT-1.

I know the parliamentary secretary is going to get up and tell me, and try to convince me and other Canadians that the government has done the job, that it has protected everyone. However, upon our examination of the bill and hearing from expert witnesses and hearing from people who are tracking the bill and the system, there is no such assurance.

Therefore, we are standing before the House today and saying that we cannot support the bill. Otherwise we would be supporting it because we understand why the bill is needed. However, we cannot support it in its present form. It does not provide the kind of assurances and guarantees that we believe are incredibly important for this kind of highly sensitive, highly volatile information that is being collected.

I would speak further to one other amendment, of which there were a number put forward by the NDP, which was rejected. It recommended that a detailed report be filed with Parliament that would clearly outline for example how many times violations had taken place, how fines were being imposed, and whether the government had collected on those fines. We tried to bring in amendments that delivered on the accountability and transparency side, but again they were not accepted, so we are left in a position where we cannot support the bill.

At the beginning of the debate we heard from the parliamentary secretary that there was a sense of urgency to get the bill through. Maybe there is and maybe there is not. I do not know, but it is a very significant bill because it deals with an area of public policy that really does not get enough public scrutiny.

It is the kind of bill that can just easily slip through and before we know it the landscape has changed and all the rules have changed. Here we have a commercially owned operation where vast amounts of powerful information and images are being collected that can be used in a way that is contrary to Canadian interests.

We have very serious reservations about that. We believe that the bill should not be rushed through. It should be debated. We should have a review of some of the amendments that have been put forward. There are two parties that have very strong reservations about the bill, but as it stands now it looks like it will pass. We do not think that is good enough and so we will be using our votes to clearly voice our opposition to third reading.

I encourage other members to take another look at it and consider their position. We think the bill as it is now is not adequate. It is not good enough. It does not provide the kind of protection that is being sought by members of the community, by our party and by other parties to protect the interests of Canadians.

Remote Sensing Space Systems ActGovernment Orders

September 30th, 2005 / 10:35 a.m.


See context

Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I am pleased to speak to Bill C-25, an act governing the operation of remote sensing space systems.

I want it known from the outset that we will vote against this bill. In fact, a number of problems that we had raised were not addressed in committee. And yet, the hon. member for La Pointe-de-l'Île and I did propose a number of amendments. The NDP also tried to clarify the bill, but the Conservatives and the Liberals were indifferent and treated us to their usual uncompromising attitude that we have grown accustomed to over the past 10 years.

Still, consideration of legislation on remote sensing is very thrilling. It gives every member of the committee a chance to learn a great deal about it. We also saw that since this is a relatively new field, there were a great deal of questions that government officials had not asked themselves. Fortunately, the committee raised these questions. Too bad it did not get any response.

It probably would have been better to postpone the debate on Bill C-25 and to continue the work of the committee in order to ensure that this legislation, made necessary by the fact that the Canadian Space Agency was relieved from one of the responsibilities it had in managing RADARSAT-1, truly responded to the objectives set out in the summary. I will read the summary, since those watching us need to know what we are talking about.

This enactment regulates remote sensing space systems to ensure that their operation is neither injurious to national security, to the defence of Canada, to the safety of Canadian Forces or to Canada’s conduct of international relations nor inconsistent with Canada’s international obligations.

In order to accomplish this, the enactment establishes a licensing regime for remote sensing space systems and provides for restrictions on the distribution of data gathered by means of them. In addition, the enactment gives special powers to the Government of Canada concerning priority access to remote sensing services and the interruption of such services.

That is the aim of this bill. As I mentioned, we support this aim. However, if the Canadian Space Agency had retained responsibility for managing and operating RADARSAT-2, this bill would not be necessary. Instead, the Liberal government decided, in this area, to establish a public-private partnership—Quebec knows that such partnerships are rarely successful either in reality or in the public eye—between the Canadian Space Agency and MacDonald Dettwiler, a Canadian company.

If RADARSAT-1 had been left as it is, that is, having this remote sensing space system under public management, this bill would have been moot. However, we are being presented with a fait accompli, this public-private partnership. So we must establish a framework for this private enterprise, which will be responsible for managing a remote sensing space satellite.

Even if we make a law that every operator of this kind of technology must obtain a licence, the fact is that Bill C-25 seeks to provide a framework solely for the activities of one private company.

I want to mention that I find it troubling, to say the least, that one of the sponsors of this bill, the Minister of Industry, served on the board of this private company in 2000. A number of responsibilities set out in the bill will need to be clarified.

This bill is a first in Canada. As I said, it was made necessary due to a decision taken by the government, under former minister John Manley, to transfer RADARSAT-2 to a private company.

As I recall, and as the leader of the NDP said earlier, RADARSAT-2 was designed and built by the Canadian Space Agency, which is located in Saint Hubert, at a cost of $430 million. In fact, I think that the costs have increased somewhat since then. However, the Canadian company, MacDonald Dettwiler invested only $92 million. It has also committed to paying the satellite's operating costs. But any private company operating this satellite will want to sell the images it takes and make a profit. It will do so at the expense of taxpayers who paid for the system's construction.

In my opinion, this is the first problem in the whole debate, which is not as much focussed on Bill C-25 as on the government's past decision to shed responsibility for administration of RADARSAT-2.

One can, of course, wonder how appropriate it is, from the point of view of governance, to use the taxpayers' money to permit a private company to sell its remote sensing images. No one is questioning the appropriateness of having such satellites. Hon. members will recall that RADARSAT-1 scans the Earth's surface with advanced synthetic aperture radar. Unlike optical systems, this system makes imaging possible day and night, whether the atmosphere is clear, cloudy or foggy. As a result, these satellites are extremely useful for monitoring natural disasters.

As I said in my question to the parliamentary secretary, this also allows for natural resource management. It is, for example, very difficult to assess changes in a forest with the naked eye. With satellite images, however, it is possible to take inventory of the forests, as well as waterways and a number of other things. It is, of course, very useful for both meteorology and cartography.

The novelty with RADARSAT-2 is the markedly higher resolution than was available with RADARSAT-1, varying between two and three metres. This is, of course, where the entire problem lies with the use private interests will make of these ultra high resolution images. I recall that MacDonald Dettwiler, the private company that will be administering this, will sell these images to private interests as well as to foreign interests.

The Americans are worried about the possibility that images obtained by RADARSAT-2 and sold by this private company could have military repercussions. A treaty, to which we could not get access, was signed with the United States in 2000. We therefore share the concerns of the Polaris Institute as to its contents. Do the Americans have some right to veto the sale and use of the images that will be taken?

We know that U.S. law forbids selling images to certain countries. We can understand that. However, will we let the U.S. dictate to Canada how the images should be sold? We would have liked to have seen that treaty. We were told that it does not contain anything that can be cause for concern but I am not ready to blindly accept the government's word. We have concerns. The bill should reflect the complete independence of Canada in matters of foreign affairs but that is not the case.

In addition, there are no provisions in case MacDonald Dettwiler, a private company, should change hands as happened a few months or a few years ago. I think it then became an American company. What would happen if it changed hands? Would its licence be cancelled? Can you imagine a satellite like RADARSAT-2, built with public funds by the Canadian Space Agency, being operated by a foreign private company? It is beyond comprehension that the Canadian government did not find it necessary to include in the bill dispositions ensuring that the company operating RADARSAT-2 remains in Canadian hands. We see it as sheer irresponsibility.

There is another problem which I alluded to earlier in my question to the parliamentary secretary and it is the fact that the legislation does not specify how priority of access to the images will be determined.

The prioritization is not framed in the operating criteria previously used with RADARSAT-2. Members will recall that these criteria ensured priority access to relevant departments—Environment, Natural Resources, Fisheries and Oceans—the provinces and the scientific community.

Now, there is no such assurance. At least, there is no mention in the bill of priority access for the departments, federal or Quebec, which are the largest users of remote sensing data, or for the scientific community.

Previously, with RADARSAT-1, the Canadian Space Agency was the one setting and managing priorities. Now, the management of the satellite will be in the hands of a private company, as I said earlier. This private company might establish its priorities based on the primary objective of private companies: profit. And this primary objective may well be contrary to the interest of common good and Canadian and Quebec interests where the provinces are concerned. So, one would have expected Bill C-25 to clearly provide an order of priority for access to the images, but it does not.

As I said, while several questions remain unanswered, officials have been working on this bill for five years already. I am not criticizing them. The fact is that, clearly, there has been a lack of transparency. The bill was introduced suddenly. There was, on the part of the government and the parliamentary secretary, a feeling of urgency to rush this bill through the various stages of consideration at committee and in Parliament.

As I indicated, the bill was put together so quickly that, when my colleague from La Pointe-de-l'Île contacted Ferdinand Beaulne, director of the large remote sensing research centre in Canada, therefore someone who is really closely involved with the whole remote sensing file, he was not even aware of the existence of Bill C-25. This means that he had never been consulted by officials or the government on the drafting of Bill C-25.

On the other hand, Mr. Giroux, who is the director of external relations at the Canadian Space Agency, has told us several times that MacDonald Dettwiler and Associates and its subsidiary RADARSAT International Inc., together the Agency's private partner in the RADARSAT-2 program, was consulted extensively during the development of the bill before us. This is somewhat problematic since, as I mentioned to you, the specific purpose of Bill C-25 is to provide a framework for the activities of a single company, namely MacDonald Dettwiler, the only company consulted. In fact, potential subcontractors or clients of MacDonald Dettwiler appeared before the committee to share their concerns about their interests not being taken into account in the industry's development. As far as I can see, everyone in the House agrees that this industry is extremely promising for Canada and Quebec.

Therefore, my party believes that we should have taken a bit more time to involve more people in the process and to have a strong bill.

I mentioned a short while ago in my question that provinces are considered as simple clients and do not have priority access, as was the case before, when they had nearly free access. I want to talk some more about this, since it is the third problem element. The provinces, who are the main buyers of remote sensing images, had even invested in RADARSAT-1. As I mentioned earlier, remote sensing is linked to numerous provincial jurisdictions, such as natural resources, agriculture and the environment. In fact, you, Mr. Speaker, are just as aware of this reality as I am.

As I said, the bill does not explicitly mention an agreement with the provinces, and so we believe it is necessary to change this through an amendment. I think this is a major deficiency in Bill C-25.

There is one other aspect I believe is important, namely, the use that some private-sector or government clients may make of RADARSAT-2 and its remote sensing images. One would have expected the government to comply with the summary, where it is said that remote sensing space systems are regulated “to ensure that their operation is neither injurious to national security, to the defence of Canada, to the safety of Canadian Forces—”. One would have expected a control mechanism on the export of those remote sensing data, just as there still are on exports of products of a military nature in Canada.

In fact, there are guidelines. There is a policy to control exports of military goods and technology to countries we want banned from receiving such exports. I have introduced an amendment which, I thought, simply reflected common sense, that is to say that we make sure that countries that are a threat in terms of Canadian military exports are also covered in the area of remote sensing.

As an example, members know that Canada rigorously controls exports of military goods and technology to countries that constitute a threat to itself and its allies; to those that are involved in a conflict or that might be shortly; to those that have had sanctions imposed by the Security Council of the United Nations; to those where human rights are seriously and repeatedly violated by the government, unless it can be demonstrated that the population is under no reasonable risk.

If it is good for the export of military goods and services, it should also have been good for remote sensing images which the government feels must be covered by Bill C-25.

I admit that I found this very hard to understand. As I mentioned at the beginning of my remarks, I felt that this issue was brushed aside because the government, for reasons that are unknown to me, even though I have a pretty good idea, needs to have Bill C-25 passed as quickly as possible. I think it has to do with the agreement with the United States whereby Canada made the commitment to create a framework for this private corporation, and I am very concerned about that.

Regarding the archiving of data, which will be dealt with in the regulations, we know that this type of high resolution remote sensing can be an invasion of privacy and can be used to compromise the freedom of our fellow citizens. This is why we would have preferred that provisions dealing with the archiving of data be included in the bill itself. The government kept exclusive control over this area by putting it in the regulations. Several experts, including a legal expert and a scientist specialized in Earth observation, pointed out the importance of such archiving of data when they came before the committee.

In the case of the environment and the climate, it is extremely important that all the data be kept year after year. What will that private company do with the images? It will probably consider that the management of these data will cost too much. Consequently, after two years, it will get rid of a whole series of extremely important images.

For example, we were told that in order to be able to measure the warming of the planet or problems concerning the ozone layer, researchers must be able to go back in time to compare series of data. Of course, that will cost money, as I have already said, but a private commercial operator should be required to inform National Archives of his intention to get rid of a number of images. There are no provisions in the legislation in that regard.

In conclusion, we deplore the fact that the Canadian Space Agency has been partly stripped of the management of RADARSAT-2. We believe that the Canadian Space Agency must play an important role. Consequently, because there are no provisions in the bill establishing priority criteria, because nothing in the bill ensures that RADARSAT-2 will not be sold to foreign interests, because there was a lack of transparency at the drafting and consideration stages, because the interests of provinces, particularly Quebec, are not protected, because scientific advances are put at risk by Bill C-25, because there are no consultations with the provinces and the departments involved, as I said in my introduction, the Bloc Quebecois will vote against Bill C-25.

Remote Sensing Space Systems ActGovernment Orders

September 30th, 2005 / 10:30 a.m.


See context

Conservative

Helena Guergis Conservative Simcoe—Grey, ON

Mr. Speaker, I am happy to speak to Bill C-25. In June 2000 Canada made a commitment under the Canada-United States agreement concerning the operation of commercial remote sensing satellite systems. Bill C-25 intends to augment the commitment made five years ago in the form of upgraded technology.

Private remote sensing satellite systems are used to analyze groundwater, agriculture, forestry and oceanography, natural resources and industries that are very important to Canada. They also can be used to map topography, what kind of land is where and what the soil is like.

Remote sensing satellite systems can also be used to monitor forest fires, thus it will hopefully serve to save many provinces money in the forest fire prevention portions of their budgets and even some people's homes. This will be done by locating a fire still in its infancy.

They can also be used to monitor our borders and assist our border security officers. At the same time, they promote co-operation between ourselves and the United States while still firmly establishing our sovereignty over Canadian soil.

Initially it will cost $1.3 million to set this up and it will take eight to nine staff members to run this program through the Department of Foreign Affairs, the Department of National Defence and Canada's National Space Agency. The Conservative Party finds this reasonable and believes it represents good value for Canada. It will allow for ongoing research and is especially beneficial to Canadians because it will ensure that Canada will have the most up to date technology. That means there will continue to be high tech, long term opportunities for our citizens. Our post-secondary institutions will also benefit by this because they will have to continue to teach, research and explore this technology so we can continue to develop.

Ongoing research in space opens up new capacities daily regarding the details of natural and human events everywhere on earth. A few short years ago it would have been inconceivable to think about legislation that would govern satellites in space taking pictures of our movements.

The government has a role to play regarding the privacy matters of its citizens. The government needs to know who is scanning the nation, what kind of information they are coming up with and what kind of capabilities are out there. Originally we had concerns about privacy, but the legislation, as amended, deals with this and privacy is protected.

We also are pleased it has secured a proper place for the private sector and scientific and industrial activity as does its commitment to defence of the nation and the hemisphere from military threats from abroad and from terrorist activities conceived at home or abroad.

The official opposition believes the government has done its job to protect the privacy of Canadian citizens while not compromising the security of the nation by having brought the bill to the standing committee where it was examined clause by clause. We have eliminated any language that we thought detrimental to both citizens and national security.

Given the amendments made to the bill in committee, we support the legislation.

Remote Sensing Space Systems ActGovernment Orders

September 30th, 2005 / 10:25 a.m.


See context

Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, while sharing the concerns expressed by the leader of the NDP, I would like to raise another problem with Bill C-25.

As we know, RADARSAT-1, which is managed by the Canadian Space Agency, is already in place. This remote sensing satellite has been in operation since 1995 and helps establish priorities for the use of the images it captures. For instance, federal departments have privileged access to these images, as do the provinces and scientists.

There is no mention anywhere in this bill that the provinces will have privileged access to the images captured by RADARSAT-2. There is no explicit mention of possible agreements with the provinces, which are put in the same category as regular commercial customers. Given that RADARSAT-2 will now be managed by a private company, namely MacDonald Dettwiler, it seems to me that it should have been set out very clearly in the bill that the provinces must have privileged access. In fact, under the Canadian Constitution, the provinces are responsible for managing natural resources, and these images are very useful for the management of forests, for example, and farm management as well.

Therefore, I cannot understand why the amendments put forward by the Bloc Québécois in this respect were rejected, and why the bill was not corrected accordingly. Perhaps the parliamentary secretary could enlighten us on this.

Remote Sensing Space Systems ActGovernment Orders

September 30th, 2005 / 10:25 a.m.


See context

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I am pleased to have the opportunity to make a few comments on Bill C-25. I heard the parliamentary secretary say that the bill is a matter of some urgency. I also heard him say that it represents a minimal intervention in the marketplace.

We should be very clear that Canadian taxpayers have funded approximately 75% of the development of this satellite, about $450 million, but it is 100% commercially owned.

The NDP has agreed with the intent of the bill, but there are a number of weaknesses in the bill and I would like to ask the parliamentary secretary about them.

We know for example with RADARSAT International and RADARSAT-1 that information was provided to the U.S. military. In fact that information may have been used by the U.S. in its war on Iraq. As we know, Canadians have not supported that war, nor has the Canadian government. I think we deserve to have some ironclad assurances that the government approved sale of RADARSAT-2 imagery will not be sold to the U.S. for wars or other military purposes.

I think Canadians are very concerned about this. This is a commercial operation. The bill purports to give us the protection we need, yet we know from what happened in committee when we sought those ironclad assurances, the government was not prepared to give them.

I would like to ask the parliamentary secretary why the government would refuse to do that. We have a bill that in our opinion is weak and does not provided the kind of assurance we need that this vital information is not going to be used for military purposes when indeed Canadians have paid so much for this satellite.

Remote Sensing Space Systems ActGovernment Orders

September 30th, 2005 / 10:10 a.m.


See context

Pickering—Scarborough East Ontario

Liberal

Dan McTeague LiberalParliamentary Secretary to the Minister of Foreign Affairs

Mr. Speaker, on November 23, 2004, the Government of Canada introduced a bill to regulate the operation of remote sensing space systems. This is a bill concerning satellites capable of taking detailed pictures of the earth and objects on its surface.

On December 7, 2004, Bill C-25 was approved in principle by all parties in the House at second reading, subject to a clause by clause study by the Standing Committee on Foreign Affairs and International Trade.

Very recently, the committee tabled in the House a slightly amended bill for us to consider. Today, I will explain once again why this bill on remote sensing space systems is important for Canadians, for the Canadian industry and for our friends in other countries, and why this amended bill should be passed.

However, before I begin, I must express my gratitude to my colleagues who thoroughly examined this bill during its study in committee. Many expert witnesses provided important testimony during the study of the bill. Their testimony led to a number of proposed amendments. Four of these amendments are found in the bill submitted today to the House for approval.

The important point is a new section requiring the minister to cause an independent review of the provisions and the operation of the act to be conducted at least once every five years, and for these reviews to be laid before each House of Parliament. This section ensures that the legislation will be reviewed every five years, so that it can keep abreast of technological developments.

I want to add, however, that three trends in space activity are converging and making this bill imperative.

The first is the increasing availability of this technology to the private sector. Once upon a time, only government labs were able to create amazing technologies such as man-made satellites. Such a monopoly on space technology no longer exists. Today, private sector know-how allows us to create inventions at a rate that challenges the government to promote and regulate these new services in a timely manner. So, we must anticipate our needs and act accordingly.

The second trend is this: like the communication satellite industry before it, the remote sensing satellite industry is developing in Canada. Increasingly, the private sector is entering into partnerships with the public sector, as a prelude to purely private enterprises.

At one time, satellite communications were the sole domain of crown corporations. Telesat Canada is an excellent example of this. Today, Telesat operates as a dynamic private sector corporation, regulated by government and serving all Canadians from coast to coast to coast.

During the transition period, satellite communications rapidly evolved from the simple delivery of communications between two fixed points using the first regional communication satellite in Canada, Anik A , in 1972.

Now, satellite communications also allow mobile communications via cell phones and direct broadcast satellite service, or DBS, so residences can receive high definition television. More recently, high speed Internet and other broadband communications have been added to this mix of signals.

Remote sensing systems by satellite might be as successful if operators and investors in this sector could rely on intelligent regulation by the government.

Bill C-25 makes such intelligent regulation possible and does not intervene in the market except to ensure Canada's security, defence and foreign policy interests.

It also ensures secure data access for the states in question. Consequently, this bill protects both the public interest and the private interests of Canadians in a new use of space.

Third, the confluence of private financial capital and private access to high technology has resulted in remote sensing space system capabilities that could harm our national security, defence and conduct of international relations were they to go unregulated. Earlier civil remote sensing space systems were limited in their performance by underlying technological and financial constraints. Security interests of government owners also set performance restrictions on the capabilities of the remote sensing space systems.

Research and development activities meanwhile have proceeded apace for military systems, aided by the inventiveness of private contractors. This developed technological base can now produce imagery with resolution sufficient to benefit a 21st century defence force. When sensitive data is distributed on a wide basis, undesirable entities could be emboldened to exploit this new-found information availability as an asymmetric threat for our nation. This could be done without ever making the hitherto necessary space investments themselves.

Were the distribution of satellite remote sensing products and raw data to remain unregulated, timely non-discriminatory access to sensitive data could harm the national security, national defence and foreign policy interests of Canada. On the flip side of these concerns, there is the incredible benefit that timely access to imagery by the government could have for coordinating humanitarian and disaster relief operations.

When disaster strikes, as it did with hurricanes Katrina and Rita recently, or as with the Indian Ocean tsunami before them, it is important that the first responders and humanitarian relief workers can quickly survey the extent of the disaster, decide where best to set up the relief operations and of course aid in the rescue of persons in distress. And over the past couple of months I can say plenty about that. Thankfully, those were all done in a very efficient way.

While there is every expectation that satellite operators in Canada will service this market on their own, Bill C-25, which is before the House today at third reading, provides a power for the government to order imagery on a priority basis, enabling us to help coordinate relief efforts and operations for Canadians and others in need at home or abroad.

Parliament must therefore act to secure these vital interests of Canada while at the same time promoting wide access to satellite remote sensing products and raw data for beneficial uses which are consistent with the peaceful use of outer space. Parliament must also regulate these systems regardless of whether public or private or private-public finances assembled the necessary funds to undertake these promising ventures. Bill C-25 does exactly that by establishing a single licensing regime for the operation of remote sensing space systems in Canada and by Canadians.

This bill is also concerned with the distribution of the data products generated by the operation of remote sensing satellite systems. Much of the benefit of Canada's remote sensing satellites accrues to Canadians, but foreign entities also stand to gain by cooperating with Canada and with Canadians. Under Canada's Export and Import Permits Act, the export of satellite technology, goods and services is controlled by the government. Controlling intangible technology such as remote sensing products and raw data under that act, however, would have generated significant efficiency and effectiveness concerns within the government and, of course, the private sector alike.

Rather than require every Canadian national to secure an export permit for each and every purchase of imagery or data by foreign customers under an amended EIPA, the government wisely chose instead to obtain the same underlying security guarantees by developing this bill with its primary focus on the control of access to such products and data at the source of that information, that is to say, the licensee's operations.

Given that a licensee's satellite operations can be located both at home and offshore and also that such licensees work with international partners to increase global market penetration, these foreign partners must also be able to derive benefit from their Canadian investments. This bill is purposefully designed to enable foreign participation in Canadian systems and distribution of remote sensing products and raw data internationally, provided that Canada's security, defence and foreign policy interests are protected.

By piggybacking these security requirements onto a clean licensee's business model, we can obtain an example of smart regulation that is efficient and effective for Canadians and their foreign business partners.

I am also sponsoring this bill in order to fulfill Canada's bilateral and international obligations. By virtue of the 1967 Outer Space Treaty, Canada is responsible for the outer space activities of its nationals. Today satellites belonging to, and operated by, private interests are governed by the Telecommunications Act, the Radiocommunication Act and the Broadcasting Act, in order to protect the public interest in a variety of respects.

Passage of Bill C-25 will achieve a similar regulation of remote sensing systems, primarily from the points of view of security, defence and foreign policy. The bill also focuses on protection of the environment, of public health and safety and of private property.

This minimal intervention into the market responds to the concerns raised by this area of economic activity and respects Canada's international obligations.

The bill is also important from the point of view of Canada—U.S. relations. The government's decision to control its own remote sensing satellites, announced in June 1999, paved the way for an agreement between Canada and the United States which was signed in the June 2000, the Canada-United States Agreement Concerning the Operation of Commercial Remote Sensing Satellite Systems. This treaty was aimed at ensuring that private remote sensing satellite systems would be controlled in each country in such a manner as to protect shared national security and foreign policy interests, while promoting the commercial benefits to be derived from these systems.

Today we can meet the commitments contracted in that treaty. The statement of policy on controlling access that was announced in June of 1999 has become the bill you now have before you.

The launch of RADARSAT-2 from Canada is scheduled for 2006. I urge my colleagues to pass this bill so that we can show that Canada is walking the walk, not just talking the talk.

Before I conclude, I would like to mention that there was a lot of discussion, both in the House and in committee, about the private ownership of Canada's next remote sensing satellite, RADARSAT-2, its excellent performance and the need for foreign technology and launching facilities for these Canadian missions. RADARSAT-2 is indeed a good example of the need for this type of legislation. However, the bill must also apply to all future remote sensing space systems. Therefore, this bill covers all existing and future remote sensing space systems, which is exactly what Canadians want and expect from us.

Let me go back to the purpose of this bill to conclude my remarks.

The House should pass this bill that deals with remote sensing space systems because it is much better to create a smart regulatory framework for these high technology satellite systems than to risk compromising our national security, our defence and, most of all, our foreign policy.

We must pass this bill so that Canada can meet its bilateral and multilateral obligations in terms of regulating the space activities of its nationals.

We must pass this bill to ensure that Canadian businesses remain world leaders in the area of remote sensing and related services by setting a clear regulatory framework that can attract technological investments and help our businesses in terms of finding markets.

And we must pass this bill to ensure that every Canadian continues to draw maximum social and economic benefits from the use of space for peaceful purposes.

If we do not do it, other jurisdictions will take the lead and Canada will be the loser.

Remote Sensing Space Systems ActGovernment Orders

September 30th, 2005 / 10:05 a.m.


See context

Papineau Québec

Liberal

Pierre Pettigrew LiberalMinister of Foreign Affairs

moved that Bill C-25, an act governing the operation of remote sensing space systems, be read a third time and passed.

Business of the HouseOral Questions

September 29th, 2005 / 3:10 p.m.


See context

Hamilton East—Stoney Creek Ontario

Liberal

Tony Valeri LiberalLeader of the Government in the House of Commons

Mr. Speaker, I would like to lay out the business for the next week.

We will continue this afternoon with Bill C-55, which is the wage earner protection program. Then we will proceed to the second reading of Bill C-57, the financial institutions bill, followed by second reading of Bill C-54, which is the first nations oil and gas and moneys management act.

Tomorrow we will consider report stage and, if possible, third reading of Bill C-25 respecting Radarsat. I understand as well that there are some ongoing discussions about the disposal of Bill C-63, amending the Canada Elections Act. We would also like to deal with Bill S-38 respecting the spirits trade and Bill S-31 respecting autoroute 30.

On Monday we propose to commence report stage of Bill C-11, which is the whistleblower bill. We would like to give this bill priority all week in the hope of completing all of the remaining stages.

We would then return to any business left over from this week and, if there is time, begin consideration of Bill C-44, the transport bill; Bill C-28, the food and drug legislation; Bill S-37, respecting the Hague convention; Bill S-36, the diamonds bill; and Bill C-52, the fisheries bill.

With respect to the business of supply during the present period, Mr. Speaker, I will reconfirm that you confirmed to the House that there will be seven allotted days during this period. In response directly to the opposition House leader's question, as per our discussion at the House leader's meeting this past Tuesday, we understood we would schedule the supply days after the Thanksgiving break.

In any event, it will be a topic that I look forward to discussing with House leaders at our meeting this coming Tuesday, so that we can in fact schedule all the required opposition days.